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Title 



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Will of Benjamin Thompson. 



THE 



LAST WILL AND TESTAMENT, 



AND 



CODICILS THERETO, 



OF 



BENJAMIN THOMPSON, 



LATE OF 



DUKHAM, 5T. H., 



DECEASED. 



Cotuorb, |t. ||. 

PRINTED BY THE REPUBLICAN PRESS ASSOCIATION. 

I 89O. 






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MAY 2 1916 



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WILL OF BENJAMIN THOMPSON. 



In the name of God, amen. 

I, Benjamin Thompson, of Durham, in the county of 
Strafford, and state of New Hampshire, farmer, being in 
good health, and of a sound and perfect mind and memory, 
but, aware of the uncertainty of this life, do make, publish, 
and declare this my last will and testament, and herein dis- 
pose of all my worldly estate in manner following, to wit : 

1st. I order and direct my executors, herein named, to 
pay all my just debts and funeral charges as soon as may be 
after my decease. 

2d. I give, devise, and bequeath all my estate, real, per- 
sonal, and mixed, of which I may die seized and possessed, 
wherever situate, to my native state of New Hampshire for- 
ever, in trust, subject, however, to the provisos, conditions, 
and limitations hereinafter mentioned and expressed con- 
cerning the same. 

The object of this devise being to promote the cause of 
agriculture by establishing, at the expiration of twenty 
\ears from the time of my decease, an agricultural school 
to be located on my Warner farm, so called, and situated in 
said Durham, wherein shall be thoroughly taught both in 
the school-room and in the field the theory and practice of 
that most useful and honorable calling. The said state is 
to have and to hold the estate above devised upon the 
express condition that said state shall guarantee a net 
annual compound interest of five per cent, upon the amount 
of the appraised value thereof, for the term of twenty years ; 
after which time the whole amount of principal and inter- 
est, thus compounded, is to constitute a fund, the principal 
of which said state shall guarantee forever to preserve, and 
the net annual income thereof only is to be expended for 
maintaining and continuing said school and improving said 
farm and other lands herein devised situate in said Durham. 



Believing that said fund will be insufficient to erect the 
necessary buildings and furnish the same, to stock said 
farm, procure the needful apparatus, to commence a library, 
and to sustain said school usefully and honorably ; and 
believing that such an institution, rightfully conducted and 
sustained, would confer honor on the whole state, and greatly 
advance and improve its agriculture, the leading interest of 
the state ; and knowing no better way of arousing the 
attention of the citizens of said state to the necessity of 
acquiring such knowledge in this country and in Europe 
as may be useful for rightly managing said school, I propose 
and make it a condition of this bequest, that said state of 
New Hampshire shall raise and appropriate, by law, annu- 
ally, for the term of twenty years, the sum of $3,000, which 
would be less than one cent a year for each inhabitant of 
the state ; and also upon the further condition that said 
state shall guarantee a net annual compound interest of five 
per cent, on the twenty sums of $3,000 each, thus required 
to be raised ; and at the expiration of twenty years from the 
time of my decease, the principal and interest thus com- 
pounded is to constitute a fund, out of which the amount 
necessary to erect suitable buildings and to furnish the 
same, to stock said farm, procure apparatus, and commence 
a library, shall be expended ; and the interest of the state 
fund thus reduced and net annual income of the fund con- 
stituted according to the express terms and conditions of 
the bequest which I have herein before made, shall be 
expended under the direction and supervision of said state, 
for the purpose of maintaining and continuing said school, 
and improving said farm and all other lands herein devised, 
situate in said Durham ; and as the fund last named is 
partly composed of my real estate, my meaning is, that the 
net annual income of all my real estate, herein bequeathed, 
is also to be expended at the same time, in the same man- 
ner, and for the same purpose above set forth. 

And it is made a further condition of this bequest that 
no part of said Warner farm and other lands herein devised, 



situate in said Durham, shall ever be sold, conveyed, leased, 
or alienated by said state of New Hampshire, or diverted 
from the purpose, above set forth, of establishing, endowing, 
and continuing said state agricultural school. 

If the state of New Hampshire does not accept said trust, 
upon the terms and conditions herein set forth, within two 
years from the time of my decease, or, accepting the same, 
shall fail to comply with the terms and conditions thereof i 
then, and in such case, this devise to said state shall become 
and be null and void. 

3d. If the state of New Hampshire does not accept said 
trust upon the conditions herein set forth, within two years 
from the time of my decease, or if the foregoing devise to 
said state shall become null and void by reason of the fail- 
ure of said state to comply with the terms and conditions 
thereof ; then, and in such case, I give, devise, and bequeath 
all of my said estate to the state of Massachusetts, upon the 
same terms and conditions as herein required of the state 
of New Hampshire; excepting that, forbidding the sale of 
my land in Durham and requiring said school to be located 
in said Durham and limiting the time of accepting said 
trust to two years from the time of my decease, — the said 
state of Massachusetts being at liberty to sell all my lands 
and to locate the school wherever its legislature shall deem 
it most for the advantage of said state of Massachusetts ; 
and said state of Massachusetts may have four years from 
the time of my decease, within which to accept said trust 
upon the terms and conditions herein set forth, thus modi- 
fied. 

4th. If the state which accepts the trust, upon the condi- 
tions herein set forth, should desire to establish said school 
at any time before the expiration of twenty years from the 
time of my decease, then, and in such case, my will is that 
said state may thus do : provided said state shall, before 
using any of either of the funds herein set forth, raise and 
set apart such sums of money as will make said funds equal 
in amount to what said funds would become, if accumulated 



during twenty years according to the terms and conditions 
herein set forth. 

I hope that the citizens of my native town and county 
and of the county of Rockingham will manifest such liber- 
ality as will induce my native state to accept said trust 
upon the conditions herein set forth. 

It might seem presumptuous in me to attempt to devise 
any plan for the ordering and management of such an insti- 
tution as is contemplated by this will, and which will prob- 
ably go into operation at a time so remote, when, doubtless, 
there will be great advancement in the knowledge of agri- 
culture, so I leave this duty to the wisdom of the state 
through its legislature, only claiming to make the sugges- 
tions following: 

Morality, order, industry, and economy should be con- 
stantly taught and practised by all the teachers and by all 
the scholars. 

Teachers, scholars, and laborers should be required to 
meet each morning in the chapel for the reading of the 
Scriptures and for prayer. 

No scholar should be admitted to the school under sixteen 
years of age. 

Every scholar should be required to labor on the land 
four hours of each working day when practicable. 

Horticulture should receive its due share of attention. 

The chemistry of agriculture and physiology, and other 
sciences so far as they are connected with agriculture, 
should be taught; but no professor should be selected un- 
less he is also distinguished for his knowledge of scientific 
and practical agriculture. 

The theories taught should, as far as practicable, be 
tested by experiments on the farm, and all experiments, 
together with the cost and results thereof, should be pub- 
lished, and sold to the citizens of the state and of the United 
States at the cost of publication. 

There should be one vacation each year, from December 
first to April first. 



I would also suggest the propriety of applying to the con- 
gress of the United States for a grant of land in aid of this 
object, and in other ways to seek contributions to promote 
the usefulness and extend the advantages of said school. 
And I believe, that when the vast benefit to be derived from 
such teaching shall be practically demonstrated, similar 
schools will be multiplied in every state of this great con- 
federacy ; their unbounded agricultural resources will be 
developed ; the national wealth and power increased ; the 
happiness of man, the honor of God, and the love of Christ 
promoted ; and the way be in some degree prepared for the 
time when " He shall judge the nations, and shall rebuke 
many people ; and they shall beat their swords into plough- 
shares and their spears into pruning-hooks ; nation shall 
not lift up sword against nation, neither shall they learn 
war any more." 

Lastly, I do hereby nominate and appoint William P. 
Frost and Stephen Demerritt of said Durham, and John S. 
Woodman and Henry W. Pickering of the city of Boston 
and state of Massachusetts, executors of this my last will and 
testament, hereby revoking all former wills by me made. 

In witness whereof I have hereunto set my hand and seal 
this twelfth day of February, in the year of our Lord one 
thousand eight hundred and fifty-six. 

BENJAMIN THOMPSON, [seal.] 

Signed, sealed, published, and declared 
by the said Benjamin Thompson, 
as and for his last will and testa- 
ment in presence of us who, at his 
request, in his presence and in the 
presence of each other, have sub- 
scribed our names as witnesses 
thereto. 

J. A. Richardson. 

J. B. Smith. 

Jos. W. Coe. 



8 

CODICIL : 

Whereas, I, Benjamin Thompson, of the town of Durham 
in the state of New Hampshire, having made and duly exe- 
cuted my last will and testament in writing, and bearing 
date the twelfth (12th) day of February, in the year of our 
Lord one thousand eight hundred and fifty-six, 

And whereas, since the date of my said will, the congress 
of the United States having passed an act making a grant 
of lands to the various states of the Union to endow colleges 
for the benefit of agriculture and the mechanic arts, entitled, 
An Act donating lands to the several states and territories 
which may provide colleges for the benefit of agriculture 
and the mechanic arts, approved July 2d, 1862, 

And whereas, the said act provides a fund for the same 
purpose in part as does my said last will and testament, and 
my desire is to add to and increase said fund for the pur- 
poses named, 

Now, therefore, I do hereby declare this present writing 
to be as a codicil to my said will, and direct the same to be 
annexed thereto, and be taken as a part thereof. 

My object being mainly to promote the improvement of 
agriculture, though willing that the college to be established 
should also provide for the mechanic arts, it is my will that 
the institution to be established by the state which shall by 
due acceptance of the terms upon which my bequest is made 
and agreement therewith shall be called and designated 
College of Agriculture and the Mechanic Arts, with the 
name of the state which shall become entitled under my 
said will to the property bequeathed therein prefixed, as for 
instance, the New Hampshire College of Agriculture and 
the Mechanic Arts, if that shall be the wish of the state, 
and that in addition to the instruction to be given therein 
as provided in my said will, there shall be taught only such 
other arts or science as may be necessary to enable said state 
to fully avail itself of said donation of lands by the govern- 
ment in good faith. Which two branches of instruction shall 
be the leading objects of said institution or college. 



9 

If both the said states named in my will shall fail to 
accept my bequest within the time limited therein, then, and 
in that case, I give, devise and bequeath all my said estate 
to the state of Michigan, upon the same trusts, terms, and 
conditions as I have in my will required of the state of 
Massachusetts, and I give to my executors authority in the 
meantime to enter upon, and take charge of, and have the 
care of my estate, and to hold and preserve the same until 
one or the other of the said states shall have accepted the 
terms of this will and become entitled to the bequests herein 
made. 

And it shall be the duty of my executors herein named, 
whenever this will shall become operative, to communicate 
the same to the governors of New Hampshire, Massachu- 
setts, and Michigan, in the order in which each shall become 
entitled to accept the said terms and bequests, and as soon as 
each shall be so entitled by the terms hereof. And I author- 
ize and direct my said executors, and give them full power to 
make, and enter into such stipulations, and require such guar- 
antees of the state, which shall accept, as will secure the 
objects which are intended to be secured by my said will 
and this codicil, before my said estate shall be turned over 
to and become the property of said state. 

Item. I hereby modify the bequest made in my said will 
so far as the following legacies are concerned, which will be 
and are hereby reserved from the said general bequest of 
my estate, viz., I give twelve (12) shares in the Boston and 
Maine Railroad Company to the Congregational society in 
Durham, in trust, and upon the condition that the said shares 
shall forever be kept as a fund by said society and the 
annual income thereof be used for the improvement of 
sacred music in said society. I also give ten (10) shares in 
the Suffolk National Bank, Boston, to Lucetta M. Davis, 
my housekeeper, as a testimonial of my respect and esteem 
for her character, and of the consideration in which I hold 
her services in my house, and in case the said Lucetta M. 
Davis continues to be my housekeeper at the time of my 



10 

decease, then, and in that case, I give to the said Lucetta M. 
Davis in addition thereto ten (10) shares more in the same 
bank. I give also one hundred dollars to Asa A. Tufts, 
cashier of the Strafford National Bank, Dover, as a slight 
testimonial of my regard and esteem. I give two hundred 
dollars to Benjamin D. Hill, of Durham, N. H. 

L annul the appointment of executors heretofore named, 
and all former codicils, and appoint the following named 
persons to be the executors of my said will, with the usual 
authority as such, viz., James F. Joy, of Detroit, Michigan, 
and Joshua B. Smith, of Durham, New Hampshire. 

In witness whereof I have hereunto set my hand and seal 
this twenty-first day of March, in the year of our Lord one 
thousand eight hundred and seventy-four. 

BENJAMIN THOMPSON, [seal.] 

Signed, sealed, published and de- 
clared by the said Benjamin 
Thompson as a codicil to his 
his last will and testament, in 
presence of us who at his request, 
in his presence and in presence 
of each other, have subscribed 
our names as witnesses thereto. 

William P. Sylvester. 
Frank A. J. Sylvester. 
Levi Cram. 



CODICIL SECOND. 

Having required in my will that the state, which should 
become entitled to the bequest therein made, should guarantee 
a net annual compound interest of five (5) per cent, upon the 
appraised value of my Warner farm, so called, and all my 
other lands and buildings situated in Durham, and men- 
tioned in my said will and testament, for the term of twenty 
(20) years after my decease, as one of the conditions upon 



11 

which it should become entitled, and being doubtful whether 
this condition may not constitute an obstacle in the way of 
the acceptance of my said bequests by my native state, and 
possibly the others in succession, therefore, it is my de- 
clared will that it shall be competent for my executors, 
named in and by my said will or any codicil thereto, to 
waive the said condition in case that shall be the sole obsta- 
cle in the acceptance of the said bequests, but with the hope 
that the waiver of said condition may not be found neces- 
sary, and with the declared will that it shall stand as a con- 
dition unless by them waived for the purpose of carrying 
into effect the object and purpose of my said last will and 
testament. 

In witness whereof I have hereunto set my hand and seal 
this fifteenth day of March, A. D. 1875. 

BENJ'N THOMPSON, [seal.] 

Signed, sealed, published and de- 
clared by the said Benj'n 
Thompson as a second codicil to 
his last will and testament, in 
presence of us who at his re- 
quest in his presence and in 
presence of each other, have 
subscribed our names as wit- 
nesses thereto. 

Levi Cram. 
John McDaniel. 
James F. Griffin. 



THIRD CODICIL. 

I, Benjamin Thompson, do make this the third codicil to 
become a part of my last will and testament, in view of the 
lower rates of interest which now prevail than at the time 
my said will and former codicils were made, and do provide 
and declare that the rate of interest, provided in my said 



12 

will to be compounded for twenty years, shall be reduced to 
four per cent., compounded for the same length of time, in 
case my bequests and the terms of my said will shall be 
accepted and complied with by either of my legatees. 

And I further waive, in favor of my native state of New 
Hampshire, all the interest on the valuation of my real 
estate situated in the town of Durham, in case it shall 
accept the bequests made in my said will and upon the 
terms made in it and the codicils. 

In addition to the bequests made in my will and former 
codicils to my housekeeper, L. M. Davis, I give and bequeath 
to her all my household furniture and wearing apparel, 
which I value at about a thousand dollars, as a testimony 
both of my regard and of my appreciation of her long and 
faithful services. 

I hereby substitute and appoint as one of the executors 
of my said will instead of J. B. Smith, whose appointment 
I revoke and annul, John W. E. Thompson, to act as such 
with J. F. Joy, giving them all the usual authority in such 
cases as if they had been named originally in my said will 
as the executors thereof. 

In witness whereof I have hereunto set my hand and seal 
this twenty-first day of January, A. D. 1882. 

BENJAMIN THOMPSON, [seal.] 

Signed, sealed, published and de- 
clared by the said Benjamin 
Thompson as a codicil to his 
last will and testament, in pres- 
ence of us who at his request, in 
his presence and in presence of 
each other, have subscribed our 
names as witnesses thereto. 

John McDaniel. 

Alvin Jackson. 

Jasper R. McDaniel. 



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